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DRAFT Ms. Kennard replied that they check the outside at 10:00 a.m. She noted that her morning crew used to start at 9:00 a.m. but that she had to cut them back an hour because of the economy. She added that they also check the surroundings on nights that they have music. Commissioner Blank disclosed that he had a conversation with Mr. Finch who invited him to his property but did not meet with him and that no conversation took place regarding the issue. Commissioner Narum disclosed she also spoke with Mr. Finch but did not visit his place. Commissioner O'Connor disclosed that he spoke with Mr. Finch and visited his residence. Gene Finch, a neighbor, stated that he is a former Planning Commissioner and is familiar with the process. He noted that is supportive of businesses in the Downtown and that he was aware of what Redcoats wanted to be when it first opened. He added that he supported the restaurant when an application was made to serve breakfast. He indicated that he is supportive of the present application but with mitigations. Mr. Finch stated that he did not want to hurt anyone's feelings; however, excessive noise has been going on for over a year and a half, starting when a temporary use permit was approved during the summer for bands in the service area. He indicated that the band vibrates his building and that he has had to keep his window shut at all times, noting that his only source of air is his six operable skylights. He expressed concern that restaurant patrons were smoking outside his window and that his planter boxes are always full of cigarette butts and ashes. He added that his wife checks their front yard between 5:30 a.m. and 6:30 a.m. and picks up bottles and glasses from the restaurant. He stated that he felt the bench was located too far down and suggested moving it back to an area of 6 feet by 20 feet and post signs that state it is a designated smoking area. He requested that a good neighbor policy be instituted and to not allow music to help mitigate noise. Commissioner Pentin arrived at this point of the meeting. Dr. Howard Long, neighbor, indicated that he is generally happy to see the restaurant thrive but cited public nuisances, including smoking, which he believes the City can help mitigate. He stated that he believes the problem is the bass level from the music and the direction the music faces. To check the public nuisances, he suggested that the chains be removed, a sign installed that identifies the smoking area, and bricks and protection from the weather be installed in the area to allow Redcoats to improve its business by helping to concentrate smoking. Vicki Salinas, friend of the applicant, stated that she has seen Mari Kennard through two restaurant openings and is a supporter of the restaurant. She indicated that she DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 11/18/2009 Page 5 of 12